California Nursing Home Abuse Lawyer Blog

Understaffed and Overworked Nurses Contribute to Poor Patient Care

July 30, 2014 | by Law Offices of Ben Yeroushalmi

Over 3.4 million nurses are employed at various healthcare facilities throughout the United States. Although, a commendable and necessary profession, low wages, coupled with a stressful work environment, leads to an exceedingly high turnover rate in the nursing industry. Most nurses work extensive shifts and are consumed with tedious work involving the well being of their patients. Numerous nurses feel that with more control over the diagnosis and treatment of the patient along with a more suitable work environment, the rate of replacement will decrease significantly within the nursing community. Continue Reading

Blood Test to Predict the Onset of Alzheimer’s

July 15, 2014 | by Law Offices of Ben Yeroushalmi

According to the Alzheimer’s Association, Alzheimer’s affects 40% of the American population, constituting the disease as the 6th leading cause of death in the United States. Due to the staggering amount of people affected, coupled with the severity of the disease, scientists are allocating more resources to Alzheimer’s research. Proteome Sciences, a leading biomarker agency located in England together with scientists at Oxford University and Kings College of London, have developed a blood test that can potentially predict the onset of Alzheimer’s within a year. This blood test identifies 10 proteins that have the capacity of predicting the onset of Alzheimer’s disease with 87% accuracy. Continue Reading

2014 State Long Term Services and Support Scorecard

July 9, 2014 | by Law Offices of Ben Yeroushalmi

The American Association of Retired Persons (AARP), the SCAN Health Plan, and The Commonwealth Fund produced the second annual State Long-Term Services and Supports (LTSS) Scorecard, which gages system performance from the perspective of service users and their families. The finest quality of care in a skilled nursing facility should be a guarantee, especially with the influx of senior citizens our nation will encounter within the next ten years. The “Baby Boom Generation” will rapidly increase the percentage of elderly residing in a nursing facility which in turn, will generate a higher demand for excellence in quality of care. Therefore, the slow pace of improvement must speed up to be better equipped for the aging of the baby boomers. The LTSS Scorecard is designed to measure how each state performs in its assistance and support for the elderly, adults with disabilities, and their family caretakers. It is intended to help states improve their LTSS systems so that the elderly and adults with disabilities can better choose and control their lives, in an effort to maximize their welfare and independence. Continue Reading

Omnicare Allegedly Violates the Federal Anti Kickback Statute

July 2, 2014 | by Law Offices of Ben Yeroushalmi

Omnicare Incorporated is required to pay $124 million to settle two slander lawsuits claiming Omnicare failed to comply with the federal Anti-Kickback Statute. Omnicare Inc., one of the largest distributors of drugs and other pharmaceutical products to various skilled nursing facilities across the United States, allegedly provided discounts to certain skilled nursing facilities in return for the continuous use of their drugs and pharmaceutical products. The Anti-Kickback Statute is a criminal statute that is intended to eliminate any exchange of value to generate the referral of federal health care program business. The allegations against Omnicare smear the legitimacy of the company and may negatively impact future sales of its products. Although Omnicare denies any wrongdoing, and has agreed to settle the case to “end litigation,” its actions are deemed reprehensible by many. Continue Reading

Medical Errors Run Rampant in Health Care

June 25, 2014 | by Law Offices of Ben Yeroushalmi

As reported in the Los Angeles Times , a study shows that in 1999, more than 98,000 wrongful deaths occurred due to medical error, and the number has since fluctuated significantly. The majority of medical errors are caused by the negligence of healthcare professionals when distributing medications. Certain combinations of antibiotics can lead to medical complications and even fatalities. Consequently, this negligence can generate potential medical malpractice lawsuits. Although medical mistakes are likely, healthcare professionals are not properly trained on discussing these medical errors with patients. Despite the staggering statistic that medical error is the fifth leading cause of death in the United States, little has been accomplished to better educate healthcare professionals on disclosing viable information to their patients.

Medical Error is defined as “a significant deviation from accepted standards of care.” Accepted standards of care comprise a fundamental right to which a patient is entitled. Further, should a health care professional cause that right to be forfeited, a patient is entitled to be notified and fully informed of the error made. The Los Angeles Times explains, “…research suggests, that most patients would like to know—and know early—if an error has occurred.”

Although a majority of fourth year medical students admit to being associated with a medical error, only a small percentage have received training when dealing with disclosure to their patients. Although disclosure is appropriate, it is not always warranted. For example, a woman enters an emergency room with complaints of vomiting, high fever, aches on her left side, and burning pain when urinating. These are “textbook symptoms” of a Urinary Tract Infection that has spread to the kidneys. The woman is transported to a hospital bed and is given a second dosage of common interventions: Intravenous fluids—an IV is inserted to infuse a large amount of liquid directly into the vein; and Tobramycin— a strong antibiotic with vigorous side effects. Due to the lack of communication amongst the hospital staff, the woman was given two dosages of an antibiotic that can increase the risk of harm to her kidneys. Though no kidney damage occurred, the woman expressed her dismay of being informed about the medical error as it increased her stress level in an already exceptionally aggravating situation; especially, when there was no severe outcome.

Medicare Payment Policy Revision Allows for More Coverage

June 9, 2014 | by Law Offices of Ben Yeroushalmi

Recent revisions to Medicare’s policy on physical therapy and other services are leading to more coverage for those requiring skilled care from outpatient therapy, home health, and skilled nursing facilities. Prior to this revision, many individuals were unable to obtain insurance coverage for treatments, including physical therapy and occupational therapy, if it was found that the beneficiary’s condition was not improving. However, the settlement of the lawsuit, Jimmo v. Seblius, prompted this revision.

This lawsuit was filed against the secretary of the Health and Human Services Department, which oversees Medicare. It was alleged that patients were inappropriately denied coverage for skilled care due to the “improvement standard“. This “improvement standard” was a rule-of-thumb under which a claim for treatment would be denied, due to the beneficiary’s lack of improvement in restoration potential, even though the beneficiary required the treatment in order to prevent or slow the deterioration of their condition. This standard proved problematic for many patients, particularly those with chronic or degenerative diseases, as their treatments and services would be denied because their condition would plateau, or fail to improve.

Implementing Non-Pharmacological Interventions for Dementia

March 6, 2014 | by Law Offices of Ben Yeroushalmi

It is becoming increasingly evident that pharmacological interventions should be a last resort when treating patients with dementia. Due to a lack of resources and staff most skilled nursing home facilities overlook non-pharmacological options. However, studies have shown that non-pharmacological treatments are a safer alternative for patients. While pharmacological interventions are an effortless option for nursing homes and hospitals, they fail to improve the state of the resident. These medications might look like they are improving the condition of the patient however, these drugs sedate them as their condition worsens. In some cases, it could cause sufferers of cognitive disorders to deteriorate rapidly and act out.

The staff at a facility may often focus on the cognitive deterioration of the sufferers of dementia. As such, other symptoms that are linked to dementia may be overlooked. These symptoms generally manifest themselves in the forms of agitation, aggression, eating disorders, loss of appetite, and abnormal vocalization. Many of these symptoms may also grow to be the cause of death. For example, eating disorders and loss of appetite can lead to malnutrition. Furthermore, the use of medications have side-effects including sedation, psychosis, tremors, and may even lead to falls. More recent cases show that the pharmacological treatment of dementia leads to reduced resident well-being and quality of life, and may even accelerate cognitive decline.

Investigation Reveals Rampant Abuse and Neglect at Alzheimer’s Care of Commerce

March 5, 2014 | by Law Offices of Ben Yeroushalmi

One may feel that by placing their loved ones under the care of a skilled nursing facility, they would be provided with quality care. Unfortunately, that is not always the case. An investigation began on March 29, 2013 when an employee at an assisted living facility, Alzheimer’s Care of Commerce in Jacksonville County contacted authorities to report cases of abuse. The Alzheimer’s Care of Commerce focuses on elders who are suffering from Alzheimer’s disease.

After some investigation, the facility was raided in July 2013. Authorities arrested twenty employees and the owner of the facility following claims that the staff assaulted, restrained, and over-medicated patients. The facility is currently facing a total of seventy two criminal charges. However, according to Mike Ayers, the special agent in charge of the Georgia Bureau of Investigation Athens regional office, there could be more charges. They will not know until the district attorney looks at the files. The abuses that are being reported are cruel, inhumane; and so severe that the case may be forwarded to a grand jury this May.

Non-Pharmacological Mealtime Interventions for Sufferers of Dementia

March 4, 2014 | by Law Offices of Ben Yeroushalmi

Of the symptoms associated with dementia, one of the most common is agitation. It is common for sufferers of dementia to be increasingly agitated at meal times. According to an article in the Journal of American Medical Directors Association, “Effectiveness of Mealtime Interventions on Behavior Symptoms of People with Dementia Living in Care Homes: A Systematic Review,” multiple skilled nursing facilities participated in a study. Four different methods were used to reduce agitation at meals. The goal of this study was to improve behavioral symptoms in elderly people who suffer from dementia in these facilities. These four interventions included playing music during mealtimes, changing the lighting and increasing visual stimulation, providing more options, and promoting conversation. All of these interventions made great alternatives to medicinal interventions, as many studies demonstrate that tranquilizing dementia patients medicinally when they are agitated worsens their condition.

A resident who suffers from dementia could come to cause a scene during a meal which in turn could lead to a loss of appetite and ultimately lead to weight loss and malnutrition. Increased stress and anxiety during meals reduces the sufferer’s ability to meet their nutritional needs, and interrupts other residents from enjoying their meals. This is something that could stress the staff as well. Weight loss and malnutrition are known to be common issues for those who suffer from dementia. Simple and effective non-pharmacological interventions which attempt to improve the mealtime environment could lessen outbursts, increase eating times, and lead to better nutrition, benefitting both the residents and the staff.

Neglect Results in Death of Nursing Home Resident

March 3, 2014 | by Law Offices of Ben Yeroushalmi

More often than not we are forced to do things that we would prefer not to. One example would be placing our loved ones under the care and supervision of a skilled nursing facility. When our loved ones are in a fragile state, we would like to keep them as close to us as possible. Sadly, at times, we are not able to provide our loved ones with the attention and medical care they need. While we would like to think that they are being provided with the highest level of care at a skilled nursing facility, it is regrettably more likely that they are not. An unfortunate example of this would be a recent case at a home in Medford, New York where the neglect of a 72-year-old woman who was under the care of a skilled nursing facility lead to her untimely death.

Evidence shows that the staff ignored all alerts and pages from the patient for more than two hours. The resident stopped breathing and, according to authorities, had likely been dead for some time until a nurses aid finally went to check on her. The level of ignorance and mistreatment in this appalling case is astounding. At a certain point the elderly are unable to breathe on their own, and therefore, are hooked up to a ventilator which regulates their breathing. While it is ludicrous that this resident was ignored for over two hours the resident had orders from her doctor stating that she must be connected to a ventilator machine at night. These orders were blatantly disregarded, which led authorities to believe this was the actual cause of her death.